Title 40, Professions and Occupations

(A) A physical therapist is responsible for the physical therapy record of a patient. (B) Only a licensed physical therapist or physical therapist assistant, provisional licensed physical therapist or physical therapist assistant, or student physical therapist or physical therapi…

(A) A physical therapy aide may provide departmental support to the on-site physical therapist and physical therapist assistant in the following areas subject to guidelines established in regulations: (1) transporting patients; (2) preparing, cleaning, and maintaining the treatme…

A person shall not engage in the practice of physical therapy without a license issued in accordance with this chapter. A person who practices as a physical therapist or as a physical therapist assistant without being licensed under this chapter or whose license has been suspende…

(A) A physical therapist is professionally and legally responsible for patient care given by a physical therapist assistant, physical therapy aide, physical therapist student, or physical therapist assistant student under the physical therapist's supervision. A physical therapist…

Nothing in this chapter may be construed as authorizing a licensed physical therapist or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractic, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws …

(A) Nothing in this chapter may be construed to create a right in a physical therapist or physical therapist assistant to: (1) have paid to a physical therapist or physical therapist assistant a benefit under: (a) a self-funded plan providing benefits to residents of this State; …

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end th…

Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to the regulation of physical therapists and physical therapist assistants; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (B) The board shall establish fees in…

(A) The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/clie…

As used in this article: (1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211. (2) "Adverse action" means …

(A) To participate in the compact, a state must: (1) participate fully in the commission's data system, including using the commission's unique identifier as defined in rules; (2) have a mechanism in place for receiving and investigating complaints about licensees; (3) notify the…

(A) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: (1) hold a license in the home state; (2) have no encumbrance on any state license; (3) be eligible for a compact privilege in any member state in accordance with subsections …

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state: (1) home of record; (2) Permanent Change of Station (PCS); or (3) state of current residence if it is different than the PCS …

(A) A home state shall have exclusive power to impose adverse action against a license issued by the home state. (B) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing ad…

(A) The compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission. (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission must be brou…

(A) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (B) Notwithstanding any other provis…

(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments must become binding as of the date specified in each rule or amendment. (B) If a majority of the legislatures of the m…

(A) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, promulgation of regulations for the practice of physical therapy, determining the qualifications and require…

(A) Oversight: (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. (2) All courts shall take judicial notice of th…

(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, must be limited to the powers granted to the commission relating to assembly and the promulgation of…

This compact must be liberally construed so as to effectuate the purposes thereof. The provisions of this compact must be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United …

In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided in Section 40-1-80. Nonboard members may serve as advisors to provide professional expertise to inspectors or investigators.

For the purpose of an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.

(A)(1) There is created the State Board of Medical Examiners to be composed of thirteen members, three of whom must be lay members, one of whom must be a doctor of osteopathic medicine, two of whom must be physicians from the State at large, and seven of whom must be physicians, …

Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.

(A) It is unlawful for a person who is not licensed under this article to hold himself out as a PA. A person who holds himself out as a PA without being licensed under this article, during a period of suspension, or after his license has been revoked by the board is guilty of a m…

Misconduct constituting grounds for revocation, suspension, probation, reprimand, restrictions, or denial of a license must be found when a PA: (1) has knowingly allowed himself or herself to be misrepresented as a physician; (2) has filed or has had filed on his or her behalf wi…

A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing education, as required by this article, is not eligible for issuance or renewal of an authorization to practice.

(A) Fees for PA licensure are established as follows: (1) initial licensing fee, not to exceed five hundred dollars; (2) renewal of license fee, not to exceed one hundred fifty dollars; (3) late renewal fee, not to exceed the renewal fee doubled; and (4) reactivation application …

Nothing in this article may be construed to require third party reimbursement directly to a PA for services rendered.

(A) There is created the Medical Disciplinary Commission of the State Board of Medical Examiners to be composed of thirty-five physician members appointed by the board and seven lay members appointed by the Governor. The physician members of the commission must be licensed physic…

(A) In addition to the grounds provided in Section 40-1-110, upon finding misconduct that constitutes one or more of the grounds for disciplinary action the board may cancel, fine, suspend, revoke, issue a public reprimand or a private reprimand, or restrict, including probation …

(A) Acts or omissions by a licensee causing the denial, cancellation, revocation, suspension, or restriction of a license to practice in another state, which would constitute misconduct in this State, support the issuance of a formal complaint and the commencement of disciplinary…

A person licensed or otherwise authorized by the Board of Medical Examiners who attends a patient while under the influence of alcohol or drugs is guilty of a misdemeanor and, upon conviction, may be fined not more than ten thousand dollars or imprisoned not more than one year. I…

(A) It is unprofessional conduct for a licensee initially to prescribe drugs to an individual without first establishing a proper physician-patient relationship. A proper relationship, at a minimum, requires that the licensee make an informed medical judgment based on the circums…

(A) If the board finds that probable cause exists that a licensee or applicant may be professionally incompetent, addicted to alcohol or drugs, or may have sustained a physical or mental disability that may render practice by the licensee or applicant dangerous to the public or i…

The board has jurisdiction over the actions committed or omitted by current and former licensees as provided in Section 40-1-115.

(A) An initial complaint may be made by any person or the administrator of the board or director of the department based upon information considered reliable. The initial complaint must be dated, signed by the person making the complaint or the administrator or director when appr…

(A) A formal complaint must be issued by the Office of General Counsel after investigation upon a finding by one or more physicians designated by the board that probable cause exists to believe that professional misconduct may have been committed. Formal complaints must be captio…

(A) Discovery is not permitted in a medical disciplinary proceeding except as provided in this chapter. Within twenty days of an answer being filed, the Office of General Counsel, or its designee, and the respondent or counsel shall exchange the names and addresses of all persons…

(A) Before the hearing the parties shall exchange: (1) a final list of witnesses the party reasonably expects to testify at the hearing; (2) a final list of all exhibits expected to be offered at the hearing, including a written report or summary from each expert witness expected…

(A) Upon determination by the board that one or more of the grounds for disciplinary action exists, the board may cancel, fine, suspend, revoke, issue a public reprimand or a private reprimand, or restrict, including probation or other reasonable action, such as requiring additio…

This article may be cited as the "South Carolina Anesthesiologist's Assistants Practice Act".

As used in this article: (1) "Anesthesiologist" means a physician who has successfully completed an approved anesthesiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Associ…